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Georgia Falconry Laws and Regulations

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Georgia Falconry Laws and Regulations Georgia Falconry Laws and Regulations Effective January 1, 2014, Georgia adopted the revised federal falconry regulations that the U.S. Fish and Wildlife Service published in the Federal Register on October 8, 2008 ( 74 FR 64638), therefore, you are no longer required to obtain a federal falconry permit to conduct falconry. O.C.G.A. § 27-2-17 (2013) § 27-2-17. Falconry permits; duties, permitted acts, and prohibitions pertaining to permit holders (a) It shall be unlawful for any person to trap, take, transport, or possess raptors for falconry purposes unless such person possesses, in addition to any licenses and permits otherwise required by this title, a valid falconry permit as provided in Code Section27-2-23. (b) It shall be unlawful for any nonresident to trap, take, or attempt to trap or take a raptor from the wild in this state or to transport or possess any raptor in this state unless such nonresident possesses: (1) A valid falconry license or permit issued by his or her state, tribe, or territory, provided that such state, tribe, or territory has been certified by the United States Fish and Wildlife Service as compliant with applicable federal falconry law; and (2) All licenses and permits otherwise required by this title. (c) Application for a falconry permit shall be made on forms obtained from the department. (d) No falconry permit shall be issued until the applicant's raptor housing facilities and equipment have been inspected and certified by the department. (e) The department shall have the right, during reasonable times, to enter upon the premises of persons subject to this Code section to inspect and certify compliance with federal and state standards. (f) It shall be lawful for a falconer who is in full compliance with this Code section to take small game with raptors, so long as such falconer observes all other laws regulating the taking of small game. (g) The board shall promulgate rules and regulations necessary to carry out the purposes of this Code section and to ensure compliance with federal law. If the commissioner certifies that any rule is necessary for compliance with federal law, the board may adopt such rule without complying with Chapter 13 of Title 50, the "Georgia Administrative Procedure Act." 391-4-9-.07 Falconry Permits (1) Purpose. The purpose of this regulation is to implement rules and regulations per taining to the issuance of falconry permits and practice of falconry in accordance with federal regulations so as to ensure the continuation of the sport of falconry and continue to conserve the state’s birds of prey. (2) Falconry Permitting and Standards. Permitees shall comply with all standards, requirements, and limitations as provided in 50 C.F.R. 21.29, as now or hereafter amended. (3) Golden Eagles. It shall be unlawful for any person to trap, transport or possess a golden eagle (Aquila chrysaetos) unless authorized as provided in 50 C.F.R. Part 22, as now or hereafter Page 1 of 22 amended. (4) Raptor Propagation. Raptor propagation and activities associated with raptor propagation are permitted in accordance with the provisions of 50 C.F.R. Part 21, as now or here after amended. No additional state permit is required; provided, however, that all persons engaging in such activities shall submit one copy of each federally required report to the department at the time such report is submitted to federal authorities. (5)Importation Permits. Holders of Georgia falconry permits may transport the raptors held under their permits within this state, may remove the raptors from this state for meets, trials, and hunting in other states, and may bring such raptors back into this state without obtaining a Georgia importation permit; provided, however, that any person transporting a raptor into another state shall obtain any permit or license required for such activities by the state into which the raptor is transported . A falconry permittee may import into this state a legally acquired raptor without obtaining a Georgia wildlife importation permit provided that a properly completed federal Form 3-186A Migratory Bird Acquisition/Disposition Report shall accompany each raptor during importation and the permittee complies with all applicable requirements of the state of origin. Authority:O.C.G.A. Sec. 27 -2-7.History: Original Rule entitled “Falconry Permits” adopted. F. May28, 2013; eff. Jun. 17, 2013. §21.29 Falconry standards and falconry permitting. (a) Background—(1) The legal basis for regulating falconry. The Migratory Bird Treaty Act prohibits any person from taking, possessing, purchasing, bartering, selling, or offering to purchase, barter, or sell, among other things, raptors (birds of prey) listed in §10.13 of this subchapter unless the activities are allowed by Federal permit issued under this part and part 13 of this chapter, or as permitted by regulations in this part. (i) This section covers all Falconiformes (vultures, kites, eagles, hawks, caracaras, and falcons) and all Strigiformes (owls) listed in §10.13 of this subchapter (“native” raptors), and applies to any person who possesses one or more wild-caught, captive-bred, or hybrid raptors protected under the MBTA to use in falconry. (ii) The Bald and Golden Eagle Protection Act (16 U.S.C. 668-668d, 54 Stat. 250) provides for the taking of golden eagles from the wild to use in falconry. It specifies that the only golden eagles that may be taken from the wild for falconry are those that would be taken because of depredations on livestock or wildlife (16 U.S.C. 668a). (2) “Possession” and short-term handling of a falconry raptor. We do not consider short-term handling, such as letting any other person hold or practice flying a raptor you possess under your permit, to be possession for the purposes of this section if you are present and the person is under your supervision. (3) Regulatory year for governing falconry. For determining possession and take of raptors for falconry, a year is any 12-month period for take defined by the State, tribe, or territory. (b) Federal approval of State, tribal, and territorial falconry programs—(1) General. (i) A State (including the District of Columbia), tribe, or territory under the jurisdiction of the United States that wishes to allow falconry must establish laws and regulations (hereafter referred to as laws) that meet the standards established in this section. To allow the practice of falconry on tribal lands by tribal members or residents, a tribe may either certify that it has adopted Service-approved State laws if those laws are fully enforceable on tribal lands, or issue its own laws and request our approval. (ii) State, tribal, or territorial laws may be more restrictive than these Federal standards but may not be less restrictive. For instance, a State, tribe, or territory may choose not to allow possession of some species of raptors otherwise allowed in this section. State, tribal, and territorial laws must be consistent with the terms contained in any Page 2 of 22 convention between the United States and any foreign country for the protection of raptors and the Migratory Bird Treaty Act. (2) Electronic reporting. The State, tribe, or territory must work with us to ensure that the electronic 3-186A reporting system (http://permits.fws.gov/186A) for reporting take, transfers, and loss of falconry birds is fully operational for residents of that jurisdiction. (3) Federal approval and terms. If we concur that the regulations and the examination meet the requirements of this section, we will publish a rule in the FEDERAL REGISTER adding the State, tribe, or territory to the list of those approved for allowing the practice of falconry. We will terminate Federal falconry permitting in any State certified under these regulations on January 1st of the calendar year following publication of the rule. (4) Review of a State, tribal, or territorial falconry program. We may review the administration of an approved State's, tribe's, or territory's falconry program if complaints from the public or law enforcement investigations indicate the need for a review or for revisions to the State's, tribe's, or territory's laws, or falconry examination. The review may involve, but is not limited to: (i) Inspecting falconers' facilities to ensure that the facilities standards in this section are met; (ii) Processing time of applications; (iii) Reviewing approved applications for completeness; (iv) Determining that permits issued are appropriate for the experience of the applicants; (v) Determining the adequacy of the State's, tribe's, or territory's recordkeeping for the needs of State, tribal, or territorial and Federal law enforcement; (vi) Reviewing laws to determine if they meet the requirements of this section; and (vii) Reviewing a revised falconry examination to determine if it meets the requirements of this section. (5) Suspension of a State's, tribe's, or territory's certification. (i) We may propose to suspend, and may suspend, the approval of a State, tribal, or territorial falconry program in accordance with the procedures in paragraph (b)(5)(ii) of this section if we determine that the State, tribe, or territory has deficiencies in one or more items in paragraph (b)(4) of this section. (ii) When we propose to suspend approval of a State, tribal, or territorial falconry program, we will first provide written notice to the State, tribe, or territory. Any such notice will include the basis for our determination that suspension is warranted. We will identify the actions that would, if implemented by the State, tribe, or territory, allow us to cancel the proposed suspension of approval. (iii) The State, tribe, or territory will have 2 years from the date of our notification to correct the deficiencies.
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